85R12546 JXC-F
By: Hall S.B. No. 2099
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Railroad Commission of Texas to
enforce requirements for the prevention of damage to interstate and
intrastate underground facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 251, Utilities Code, is
amended by adding Section 251.0021 to read as follows:
Sec. 251.0021. RAILROAD COMMISSION AUTHORITY. (a) For the
purposes of 49 U.S.C. Section 60101 et seq., the Railroad
Commission of Texas is responsible for statewide enforcement of
this state's requirements for the prevention of damage to
interstate and intrastate underground facilities, as authorized
under Section 756.126, Health and Safety Code, Section 117.012,
Natural Resources Code, and Section 121.201, Utilities Code.
(b) The authority described in Subsection (a) is in addition
to the authority granted to county attorneys, district attorneys,
and the board of directors of the corporation under Subchapter E.
SECTION 2. Section 756.126, Health and Safety Code, is
amended to read as follows:
Sec. 756.126. SAFETY STANDARDS AND BEST PRACTICES. The
Railroad Commission of Texas shall adopt and enforce rules
prescribing safety standards and best practices, including those
described by 49 U.S.C. Section 6105 et seq., relating to the
prevention of damage by a person to a facility, including an
interstate or intrastate pipeline facility, under the jurisdiction
of the commission.
SECTION 3. Section 117.012, Natural Resources Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) The commission shall adopt rules that include:
(1) safety standards applicable to the intrastate
transportation of hazardous liquids or carbon dioxide by pipeline
and intrastate hazardous liquid or carbon dioxide pipeline
facilities; and
(2) [, including] safety standards related to the
prevention of damage to interstate and intrastate hazardous liquid
or carbon dioxide pipeline facilities [such a facility] resulting
from the movement of earth by a person in the vicinity of such a
[the] facility, other than movement by tillage that does not exceed
a depth of 16 inches.
(a-1) Rules adopted under Subsection (a) [this subsection]
that apply to the intrastate transportation of hazardous liquids
and carbon dioxide by gathering pipelines in rural locations and
intrastate hazardous liquid and carbon dioxide gathering pipeline
facilities in rural locations must be based only on the risks the
transportation and the facilities present to the public safety,
except that the commission shall revise the rules as necessary to
comply with Subsection (c) and to maintain the maximum degree of
federal delegation permissible under 49 U.S.C. Section 60101 et
seq., or a succeeding law, if the federal government adopts rules
that include safety standards applicable to the transportation and
facilities.
SECTION 4. Section 121.201(a), Utilities Code, is amended
to read as follows:
(a) The railroad commission may:
(1) by rule prescribe or adopt safety standards for
the transportation of gas and for gas pipeline facilities,
including safety standards related to the prevention of damage to
an interstate or intrastate gas pipeline [such a] facility
resulting from the movement of earth by a person in the vicinity of
the facility, other than movement by tillage that does not exceed a
depth of 16 inches;
(2) by rule require an operator that does not file
operator organization information under Section 91.142, Natural
Resources Code, to provide the information to the commission in the
form of an application;
(3) by rule require record maintenance and reports;
(4) inspect records and facilities to determine
compliance with safety standards prescribed or adopted under
Subdivision (1);
(5) make certifications and reports from time to time;
(6) seek designation by the United States secretary of
transportation as an agent to conduct safety inspections of
interstate gas pipeline facilities located in this state;
(7) by rule take any other requisite action in
accordance with 49 U.S.C. Section 60101 et seq. and its subsequent
amendments or a succeeding law; and
(8) by rule establish safety standards and practices
for gathering facilities and transportation activities in Class 1
locations, as defined by 49 C.F.R. Section 192.5:
(A) based only on the risks the facilities and
activities present to the public safety, to the extent consistent
with federal law; or
(B) as necessary to maintain the maximum degree
of federal delegation permissible under 49 U.S.C. Section 60101 et
seq., or a succeeding law, if the federal government adopts safety
standards and practices for gathering facilities and
transportation activities in Class 1 locations, as defined by 49
C.F.R. Section 192.5.
SECTION 5. This Act takes effect September 1, 2017.